Allstate Insurance Company v. United States of America

Filing 9

MEMORANDUM Signed by the Honorable Milton I. Shadur on 9/23/2008:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ALLSTATE INSURANCE COMPANY, etc., Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

No.

08 C 3949

MEMORANDUM Although it is scarcely worth the trouble in this minimal Federal Tort Claims Act lawsuit, in which Allstate Insurance Company advances a subrogation claim of $2,162.50 stemming from a motor vehicle collision, United States' Answer ¶¶2-5, 7 and 8 fail to conform to the clearly-marked-out path for obtaining the benefit of a deemed denial--see Fed. R. Civ. P. 8(b)(5) and App. ¶1 to State Farm Mut. Auto. Ins. Co. v. Riley, 199 F.R.D. 276, 278 (N.D. Ill. 2001). In the combined expectation and hope that

the parties will come to their senses and settle the case on or before the scheduled October 10 initial status hearing date, however, at least for the present government counsel will not be sent back to the drawing board to reframe the Answer.

________________________________________ Milton I. Shadur Senior United States District Judge Date: September 23, 2008